Calls for an independent inquiry into the Western Australian government’s management of child sexual abuse redress claims are intensifying, with allegations that state representatives are prolonging cases and adopting a combative stance toward vulnerable survivors.
Hugo Seymour, an abuse law associate at Maurice Blackburn who led Dion Barber’s landmark redress case resulting in a record $2.85 million compensation award, has urged for an investigation into how WA handles these claims. Noting that the state government amended the statute of limitations for civil child sexual abuse claims in 2018, Seymour highlighted that Western Australia has since become the largest recipient of such claims nationally. However, he expressed growing concern over the state’s approach.
“The standards set by state leadership are not being met by the departments and agencies managing these claims,” Seymour stated. He argued that this has eroded survivors’ trust in the government, which had promised that lifting the limitations would facilitate access to justice.
The intensified scrutiny comes in the context of financial difficulties faced by the Christian Brothers, a religious order that has recently informed claimants it is seeking an ordered liquidation amid a backlog of abuse claims. While the WA government’s legislative changes have exposed churches to historical claims, Seymour noted that the volume of claims against the state and its agencies far exceeds those made against religious institutions.
Survivors, according to Seymour, often encounter “low-ball” offers and an adversarial process that contrasts markedly with the state’s approach to other forms of compensation, such as road injury cases. He described the state as having become “the biggest monster” in the redress landscape, both in terms of the number of claims and the conduct involved. Seymour suggested that financial pressures on departments and insurers contribute to persistently inadequate settlements and a reluctance to accept responsibility for failures in child protection.
Echoing these concerns, Sarah Nielsen-Harvey, a senior associate at Bradley Bayly Legal with experience in civil abuse claims across WA and Victoria, described Western Australia as frequently erecting “brick walls” in historical abuse cases. She criticised the state for often delaying the release of relevant records and for demanding more detailed recollections from survivors than may be reasonably expected after decades. Nielsen-Harvey noted little change in the state’s adversarial tactics following the high-profile Barber case, attributing the persistence to ongoing appeals. She warned of a challenging road ahead, with case numbers projected to peak in the next four years, unless a more trauma-informed approach is adopted.
WA Attorney-General Tony Buti acknowledged these criticisms while highlighting that the state has settled hundreds of civil claims and paid more than $110 million in compensation to survivors. He indicated that feedback regarding the handling of such matters has been noted but did not elaborate on any planned changes to current procedures.
